Image_549AGREEMENT
TRACT 32025
FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
This agreement, made and entered into by and between the City of Menifee, State of California,
hereinafter called City, and Riverside Mitland lnvestor 03 LLC, a Delaware Limited Liability Company,
hereinafter called Developer.
WITNESSETH:
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss or damage happening or occurring to the works specified in this agreement prior to the completion and
acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property
inlured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or
employees, in the performance of the work, and all or said liabilities are assumed by Developer. Developer
agrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liability
or claim because of, or arising out of the acts or omissions of Developer, its agents and employees, in the
performance of this agreement or arising out of the use of any patent or patented article in the performance of
this agreement.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing the improvements.
This permission shall terminate in the event that Developer has completed work within the time specified or
any extension thereof granted by the City.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and
every hazardous or dangerous condition caused or created by the construction of the works of improvement at
all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect
FIRST: Developer, for and in consideration of the approval by City of the final map of that certain land
division known as TRACT 32025 , hereby agrees, at Developer's own cost and expense, to construct or cause
to have constructed, within 24 months from the date this agreement is executed, in a good and workmanlike
manner, a sanitary sewer system, complete with all necessary pipes, valves, fire hydrants, connections and
appurtenances necessary to the satisfactory operation of said sanitary sewer system. Developer further agrees
to extend the main or mains from the existing sewer system maintained and operated by Eastern Municipal
Water District to connect with the sanitary sewer system required to be constructed by this agreement. All the
above required work shall be in accordance with those plans and specifications which have been approved by
the City Engineer, and are on file in the office of the Menifee Engineering Department. Said approved plans
and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above
required work shall be done under the inspection of, and to the satisfaction of the City Engineer, and shall not
be deemed complete until approved and accepted as complete by the City and accepted by the above-named
agency into its sewer system. Developer further agrees to maintain the above required improvements for a
period of one year following acceptance by the City, and during this one year period to repair or replace, to the
satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. The
estimated cost of said work and improvements is the sum of NINE HUNDRED SIXTY-SIX THOUSAND and
Etllqg Dollars
$ 966.000.00.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and
improvements as may be required by the City Engineer. Developer further agrees that, if suit is brought upon
this agreement or any bond guaranteeing the completion of the water system improvements, all costs and
reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by
Developel including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses
and fees shall be taxed as costs and included in any judgment rendered.
SIXTH: Developer, its agents and employees, shall give notice to the City Engineer at least 48 hours
before beginning any work and shall furnish said City of Menifee all reasonable facilities for obtaining full
information with respect to the progress and manner of work.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with
such diligence as to insure its completion within the specified time, or within such extensions of time which
have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications, Developer shall be in default of this agreement and notice of
such default shall be served upon Developer. City shall have the power, on recommendation of the City
Engineer, to terminate all rights of Developer because of such default. The determination by the City Engineer
of the question as to whether any of the terms of the agreement or specifications have been violated, or have
not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may
have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in
addition to all other rights and remedies available to City under law. The failure of the Developer to commence
construction shall not relieve the Developer or surety from completion of the improvements required by this
agreement.
EIGHTH: Developer agrees to file with City, prior to the date this agreement is executed, a good and
sufficient improvement security in an amount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for
payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 ,or
any successor thereto, to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and
every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both,
within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply
with said notice, Developer shall be in default of this agreement unless all required improvements are
completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency
of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the
bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of
the work contemplated to be done under this agreement, extensions of time may be granted, from time to time,
by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the
validity of this agreement or release the surety or sureties on such bonds. Developer further agrees to maintainthe aforesaid bond or bonds in full force and effect during the terms of this agreement, including any
extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this
agreement is by the courts held to be unlavdul and void, the validity of the remaining portions shall not be
affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did
not contain that particular part, term or provision held to be invalid.
ELEVENTH:Any notice or notices required or permitted to be given pursuant to this agreement shall be
served on the other party by mall, postage prepaid, at the following addresses:
TWELFTH. This agreement contains the entire agreement of the parties as to the matters set forth
herein. Nowaiverof anyterm orcondition of thisAgreement shall be continuing waiver thereof.
all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods,
including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated 2015
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Or.rru hrt\e+1,
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ely
City of Menifee
29714 Haun Road
Menifee, CA 92586
Dated f)r+uba- 7 ,201s
CITY OF
By
Scott Mann, Mayor
ATTEST:
By
Kathy Bennett, City Clerk
Developer
Riverside Mitland lnvestor 03 LLC
3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
By:
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52.r" Y...)
CITY OF MENIFEE
on athan G. Smith, City Engineer
APPROVED AS TO FORM:
By
, CityAtto
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SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
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eaLIFORtItA ALL-PURPOSE ACKNOWLEDGMET{T etvrl CODE S 1189
Staie of California
Couniy ofb J
2ttlSbdor.^"Lll ,;*., ?-.*- f)z+1,?.N^r-L^,o.,-lQot'On
Date
personally appeared
Here lnseft Name and Tiile of the Officer f-Q-tol-D"vQ-T1 ad ptt
who proved to me on the basis of satisfactory evidence to be ihe personft;/ wnose nam{$ is/Efr
subscribed to the within insLrumeni and acknowledoed io me that he/s e/iffiv executed the sam6 in
his/hgl/',V-i- auillorized capacity(i$), and that by lris/lir/their signaiure@J 6n t6e instrument the p"r"on6(
or the e{'{llly upon behalf of which the peisory{C) acted, execuied tlre i(strument. '/
Nane(s) of SigneIs)
HIITIIG $ft iOTHEIIUBGEF
CommhJon , 20t7UC
ilotlry Puulc . C lornll
&$ea Colnly
I certifu under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Comn 2017 Signaiure
ignature of PublIC
Place Notary Seal Above
OPTIQ AL
Though this seciian is optional, campleting this informatian can deter alteraiion of the document or
fraudulent reattachment of this form io an unintended dacument.
Descriptisn of Attached Document
Document Date
Number of Pages: _ Signer(s) Other Than Named Above
Capacitylies) Glaimed by Signer(s)
n Corporate Officer - TitleG):E Corporate Officer - Title(s):
EPartner- tr Limited E General
n Individual n Attorney in Faci
E Trustee n Guardian or Consen/ator! O.her:
Signer ls Representirrg
@i
@2014 National Notary Association . www.NationalNoiary.org . 1-800-US NorARy (t -800-876-6827) ltem #5907
A notary public or other officer completing this ceftiflcate verifies only ihe identity of the indlvidual who signed the
document io which this cerlificate is atiached, and not tl're truthfulness, accuracy, or validliy of that document.
)
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llile or Type of Documeni:
Signer's Name: _Signer"s Name: _
! Partner - ! Limited n General
n lndividual n Atlorney in Fact
E Trustee tr Guardian or ConseruatorI Other: _
Signer Is Representing: _
1
GALIFORt{IA ALL-PURPGSE AettHOEJLEDGlvlEl{T CIVIL CODE S 1189
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A notaty public or otl'ter otiicer completing this cerliilcate veifles only ihe ideftity of tlte individual !,vho signed the
docunrent io \,rhich this ceriificate is attached, and not tl'te tluihfulness, accuracy, or validity of ihat documert.
State of Califorilia
(-iCo
On
uniy of
before me,
irsed e and Title of the Officer
Sr
Nane(s) af Signels)
r,ryho proved to n're on the basis of satisfactory evidence to be ihe persorr(J whose name(gl is/are
subscribed to the rvithirr instrunrent and ackrrowledged to me that he/she/i,hey executed ihe same in
his/hey'their autholized capaclty(ies), and that by his/her/th€ir signaturee on the instrument the person(€l
or the entity upon behalf of which the peison(d acted, executed the itlstrunrent.
I certify under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragrapll
is true artd cofiect.
IVITNESS my han and ofiicial seal
Sigr.ratu re
Signaiure of Noiaty Public
Place Notaty Seal Abave
APTiOtvil-
Though ihis section is optional, completing this infonnation can deter altention af the document or
fraudulent reattachment of this iorm to an unintended documenL
Description of Atiached Document
Document Daie
Number of Pages: _ Signei(s) Other Thatr Named Above:
Gapaciiy(ies) Claimed by Signeris)
Sigr'rer's Nan]e Signer's Name:! Corporate Officer - Title(s):E Corporate Ofiicer - Title(s)
Tiile or lype of Documert;
DPaftner- nUmited n General! lndividual n Attoflrey in Fact
n Trustee n Guardiarr or Conselvatol
n Partner - tr Limited n General
tr lndividdal E Attorney in Fact
E Trustee fl Guardian or ConseFJator
D Other:
Signer ls Represeniing:Signer ls Representir'rg
E Otl.rer:
@2014 National Notary Associaiion . r/v/w.NaiionalNlotary.org . 1-800-LJS NOTARY (1-800 876-6827) liem #5907
Date
personally appeared
)
)